Draft Constitution of January 14, 1893.

PREAMBLE

Whereas the constitution
of this Kingdom contains many provisions inconsistent, ambiguous and contradictory
in its terms, and is subversive and restrictive of civil and popular rights,
and incompatible with enlightened constitutional monarchical government;
and
Whereas the prayers of my people, coming in the
form of petitions from all parts of this Kingdom, to myself and to the
Legislature, asking for a new constitution embodying in it provisions equal
rights among all my subjects; which prayer to the Legislature of this Kingdom
has not been duly recognized by that body through undue and unjust influences;
and
Whereas it has become imperative in order to restore
order and tranquility, and to gratify the just demand of my subjects for
a new constitution to be remodeled upon the most liberal and popular form
of Constitutional Monarchical Government, that a new constitution be at
once promulgated.
Now, therefore, I, Liliuokalani, Queen of the Hawaiian
Islands, in my capacity as Sovereign of this Kingdom, and as the representative
of the people, and in accordance with their almost universal desire, and
in conformity with their wishes, do annul and abrogate the constitution
promulgated by Kalakaua on the 7th day of July, A.D.
1887, and do proclaim and promulgate this constitution.

CONSTITUTION

ARTICLE 1. God hath endowed
all men with certain inalienable rights; among which are life, liberty,
and the right of acquiring, possessing, and protecting property, and of
pursuing and obtaining safety and happiness.

ARTICLE 2. All men are
free to worship God according to the dictates of their own consciences;
but this sacred privilege hereby secured shall not be so construed as to
justify acts of licentiousness or practices inconsistent with the peace
or safety of the Kingdom.

ARTICLE 3. All men may
freely speak, write, and publish their sentiments on all subjects, being
responsible for the abuse of that right, and no law shall be enacted to
restrain the liberty of speech or of the press, except such laws as may
be necessary for the protection of Her Majesty, the Queen, and the royal
family.

ARTICLE 4. All men shall
have the right, in an orderly and peaceable manner, to assemble, without
arms, to consult upon the common good, and to petition the Queen or legislative
assembly for redress of grievances.

ARTICLE 5. The privilege
of the writ of habeas corpus belongs to all men, and shall not be suspended,
unless by the Queen, when in case of rebellion or invasion the public safety
shall require its suspension.

ARTICLE 6. No person shall
be subject to punishment for any offense, except on due and legal conviction
thereof in a court having jurisdiction of the case.

ARTICLE 7. No person shall
be held to answer for any crime or offense (except in case of impeachment
or for offenses within the jurisdiction of a police or district justice,
or in summary proceedings for contempt), unless upon indictment, fully
and plainly describing such crime or offense, and he shall have the right
to meet the witnesses who are produced against him face to face; to produce
witnesses and proofs are reduced against him face to face; to produce witnesses
and proofs in his own favor; and by himself or his counsel, at his election,
to examine the witnesses produced by himself and cross-examine those produced
against him, and to be fully heard in his defense. In all cases in which
the right of trial by jury has been heretofore used, it shall be held inviolable
forever, except in actions of debt or assumption in which the amount claimed
is less than $50.

ARTICLE 8. No person shall
be required to answer again for any offence of which he has been duly convicted,
or of which he has been duly acquitted.

ARTICLE 9. No person shall
be compelled in any criminal case to be a witness against himself; nor
be deprived of life, liberty, or property without due process of law.

ARTICLE 10. No person
shall sit as a judge or juror in any case in which his relative, by affinity,
or by consanguinity within the third degree, is interested, either as a
plaintiff or defendant, or in the issue of which the said judge or juror
may have either directly or through such relative any pecuniary interest.

ARTICLE 12. Every person
has the right to be secure from all unreasonable searches and seizures
of his person, his house, his papers, and effects; and no warrants shall
issue but on probable cause, supported by oath or affirmation, and describing
the place to be searched and the person to things to be seized.

ARTICLE 13. The Queen
conducts her government for the common good, and not for the profit, honor,
or private interests of any one man, family, or class of men among Her
subjects.

ARTICLE 14. Each member
of society has a right to be protected by it in the enjoyment of his life,
liberty, and property, according to law, and therefore he shall be obliged
to contribute his proportional share to the expense of his protection and
to give his personal services or an equivalent when necessary; but no part
of the property of any individual shall be taken from him or applied to
public uses without his own consent or the enactment of the legislative
assembly, except in time of war or insurrection; and whenever the public
exigencies may require that the property of any individual should be appropriated
to public uses, he shall receive a reasonable compensation therefor.

ARTICLE 15. No subsidy,
duty, or tax of any description shall be established or levied without
the consent of the legislative assembly, nor shall any money be drawn from
he public treasury without such consent, except when between the sessions
of the legislative assembly the emergencies of war, invasion, rebellion,
pestilence, or other public disaster shall arise, and then not without
the concurrence of all the cabinet and of a majority of the whole privy
council; and the minister of finance shall render a detailed account of
such expenditure to the legislative assembly.

ARTICLE 16. No retrospective
laws shall ever be enacted.

ARTICLE 17. The military
shall always be subject to the laws of the land, and no soldier shall in
times of peace be quartered in any house without the consent of the owner,
nor in time of war, but in a manner to be prescribed by the Legislature.

ARTICLE 18. Every elector
shall be privileged from arrest on election days, during his attendance
at election and in going to and returning therefrom, except in cases of
treason, felony, or breach of the peace.

ARTICLE 19. No elector
shall be so obliged to perform military duty on the day of election as
to prevent his voting, except in time of war or public danger.

ARTICLE 20. The supreme
power of the Kingdom in its exercises is divided into the executive, legislative,
and judicial; theses shall always be preserved district , and no executive
or judicial officer or any contractor or employee of the Government or
any person in the receipt of salary or emoluments from the Government shall
be eligible to election to the Legislature of the Hawaiian Kingdom, or
to hold the position of than elective member of the same, except members
of the privy council, notary public, attorney at law, and agent to take
acknowledgment. And no member of the legislative assembly shall, during
the time for which he is a member, be appointed to any civil office under
the Government, except

ARTICLE 21. The government
of this Kingdom is that of a constitutional monarchy, under Her Majesty
Liliuokalani, her heirs and successors.

ARTICLE 22. The Crown
is hereby permanently confirmed to Her Majesty Liliuokalani and to the
heirs of her body lawfully begotten, and to their lawful descendants in
a direct line; failing whom, the Crown shall descend to Her Royal Highness
the Princess Victoria Kaiulani and the heirs of her own body lawfully begotten,
and their descendant in a direct line; failing whom, the Crown shall descend
to His Royal Highness the Prince David Kawananakoa and the heirs of his
body lawfully begotten, and their descendant in a direct line; failing
whom, the Crown shall descend to His Royal Highness the Prince Jonah Kuhio
Kalanianaole and the heirs of his body lawfully begotten, and their lawful
descendant in the direct line. The succession shall be to the senior male
child and to the heirs of his body; failing a male child the succession
shall be to the senior female child and to the heirs of her body. In case
there is no heir, as above provided, then the successor shall be the person
whom the Sovereign shall appoint, with the consent of the nobles, and publicly
proclaimed during the Sovereign’s life; but should there be no such vacancy,
shall cause a meeting of the legislative assembly, who shall elect by ballot
some native alii of the Kingdom as successor to the throne; and the successor
so elected shall become a new stirps for a royal family; and the succession
from the Sovereign thus elected shall be regulated by the same law as the
present royal family of Hawaii.

ARTICLE 23. It shall not
be lawful for any member of the royal family of Hawaii who may by law succeed
to the Throne to contract marriage without the consent of the reigning
Sovereign. Every marriage so contracted shall be void, and the person so
contracting a marriage may, by the proclamation of the reigning Sovereign,
be declared to have forfeited his or her right to the Throne, and after
such proclamation the right of succession shall vest in the next heir as
though such offender were dead.

ARTICLE 24. Her Majesty
Liliuokalani will, and her successors upon coming to the Throne shall,
take the following oath: “I solemnly swear in the presence of Almighty
God to maintain the Constitution of the Kingdom of whole and inviolable,
and to govern in conformity therewith.”

ARTICLE 25. No person
shall ever sit upon the Throne who has been convicted of any infamous crime,
or who is insane, or an idiot.

ARTICLE 26. The
Queen is the Commander in Chief of the Army and Navy, and of all other
military forces of the Kingdom by sea and land, and has full power by herself,
or by any officer or officers she may appoint, to train and govern such
forces as she may judge best for the defense and safety of the Kingdom.
But she shall never proclaim war without the consent of the legislative
assembly.

ARTICLE 27. The Queen,
by and with the consent of her privy council, has the power to grant reprieves
and pardon, after conviction, for all offenses, except in cases of impeachment.

ARTICLE 28. The Queen,
by and with the consent of her privy council, convenes the Legislature
at the seat of Government, or at a different place, if that should become
dangerous from an enemy or any dangerous disorder; and in case of disagreement
between Her Majesty and the legislative assembly, she adjourns, prorogues,
or dissolves it, but not beyond the next ordinary session; under any great
emergency, she may convene the legislative assembly to extraordinary sessions.

ARTICLE 29. The Queen
has the power to make treaties. Treaties involving changes in the tariff
or in any law of the Kingdom shall be referred for approval to the Legislative
Assembly. The Queen appoints public minters, who shall be commission, accredited,
and instructed agreeably to usage and law of nations.

ARTICLE 30. It is the
Queen’s prerogative to receive and acknowledge public ministers; to inform
the Legislative Assembly by royal message, from time to time, of the state
of the Kingdom, and to recommend to its consideration such measures as
she shall judge necessary and expedient.

ARTICLE 31. The person
of the Queen is inviolable and sacred. Her ministers are responsible. To
the Queen belongs the executive power. All laws that have passed the Legislative
Assembly, shall require Her Majesty's signature in order to their validity.

ARTICLE 32. Whenever upon
the decease of the reigning sovereign the heir shall be less than eighteen
years of age the royal power shall be exercised by a regent or council
of regency, as hereinafter provided.

ARTICLE 33. It shall be
lawful for the Queen at any time, when she may be about to absent herself
from the Kingdom, to appoint a regent or council of regency, who shall
administer the Government in her name; and likewise the Queen may, by her
last will and testament, appoint a regent or council of regency to administer
the Government during the minority of any heir to the throne, and should
a sovereign decease, leaving a minor heir, and having made no last will
and testament, the cabinet council at the time of such decease shall be
a council of regency, until the Legislative Assembly, which shall be called
immediately, may be assembled, and the Legislative Assembly, immediately
that it is assembled, shall proceed to choose by ballot a regent or council
of regency, who shall administer the Government in the name of the Queen,
and exercise all the powers which are constitutionally vested in the Queen,
until she shall have attained the aged of eighteen years, which age is
declared to be the legal majority of such sovereign.

ARTICLE 34. The Queen
is Sovereign of all the chiefs and of all the people; the Kingdom is Her.

ARTICLE 35. All titles
of honor, orders, and other distinctions, emanate from the Queen.

ARTICLE 36. The Queen
coins money and regulates the currency by law.

ARTICLE 37. The Queen
in case of invasion or rebellion can place the whole Kingdom or any part
of it under martial law.

ARTICLE 38. The national
ensign shall not be changed, except by act of the Legislature.

ARTICLE 39. The Queen’s
private lands and other property are inviolable.

ARTICLE 40. The Queen
can not be sued or held to account in any court or tribunal of the realm.

ARTICLE 41. There shall
continue to be a council of state, for advising the Queen in all matters
for the good of the state, wherein she may require its advice, and for
assisting her in administering the executive affairs of the Government
in such manner as she may direct; which council shall be called the Queen’s
privy council of state, and the members thereof shall be appointed by the
Queen, to hold office during Her Majesty's pleasure.

ARTICLE 42. The Queen’s
cabinet shall consist of the minister of foreign affairs, the minister
of the interior, the minister of finance, and the attorney-general of the
Kingdom, and these shall be the Queen’s special advisers in the executive
affairs of the Kingdom; and they shall be ex-officio members of the Queen’s
privy council of state. They shall be appointed and commissioned by the
Queen, and hold office during the Queen’s pleasure, subject to impeachment,
or upon a vote of want of confidence passed by a majority of all the members
of the legislative assembly. No act of the Queen shall have any effect
unless it be countersigned by a minister, who, by that signature, makes
himself responsible.

ARTICLE 43. Each member
of the Queen’s cabinet shall keep an office at the seat of Government,
and shall be accountable for the conduct of his deputies and clerks. The
ministers hold seat ex-officio, as nobles, in the legislative assembly
with the right to vote, except on a question of want of confidence in them.

ARTICLE 44. The minister
of finance shall present to the legislative assembly, in the name of the
Government, on the first day of the meeting of the Legislature, the financial
budget, in Hawaiian and English languages.

ARTICLE 45. The legislative
power of the three estates of this Kingdom is vested in the Queen, and
the legislative assembly, which assembly shall consist of nobles appointed
by the Queen, and the representatives of the people, sitting together.

ARTICLE 46. The legislative
body shall assemble biennially, in the month of April, and at such other
time as the Queen may judge necessary, for the purpose of seeking the welfare
of the nation. This body shall be styled the Legislature of the Hawaiian
Kingdom.

ARTICLE 47. Every member
of the legislative assembly shall take the following oath: I most solemnly
swear, in the presence of Almighty God, that I will faithfully support
the constitution of the Hawaiian Kingdom, and conscientiously and impartially
discharge my duties as a member of this assembly.

ARTICLE 48. The Legislature
has full power and authority to amend the constitution, as hereinafter
provided, and, from time to time, to make all manner of wholesome laws
not repugnant to the provisions of the constitution.

ARTICLE 49. The Queen
shall signify her approval of any bill or resolution which shall have passed
the legislative assembly by signing the same. If she approve not, she shall
return it with her objections to the legislative assembly, which shall
enter the objections at large on their journal, and proceed to reconsider
it. If, after such reconsideration, it shall be approved by a two-thirds
vote of all the members of the legislative assembly, it shall be presented
again to the Queen, and she shall sign it, and it shall therefore be a
law. In all such cases the vote shall be determined by yeas and nays, and
the names of the persons voting for and against the bill or resolution
shall be entered on the journal of the Legislature.

ARTICLE 50. The legislative
assembly shall be the judge of the qualifications of its own members, and
a majority shall constitute a quorum to do business; but a smaller number
may adjourn from day to day, and compel the attendance of absent members,
in such manner, and under such penalties as the assembly may provide.

ARTICLE 51. The legislative
assembly shall choose its own officers and determine the rules of its own
proceedings.

ARTICLE 52. The legislative
assembly shall have authority to punish by imprisonment, not exceeding
thirty days, every person, not a member, who shall be guilty of disrespect
to the assembly, by any disorderly or contemptuous behavior in its presence;
or who, during disorderly for contemptuous behavior in it s presence; or
who, during the time of its sitting, shall publish any false report of
its proceedings, or insulting comment upon the same; or who shall threaten
harm to the body or estate of any of its members, for anything said or
done in the assembly; or who shall assault any of them therefor, or who
shall the assault or arrest any witness or other person ordered to attend
the assembly, in his way going or returning, or who shall rescue any person
arrested by order of the assembly.

ARTICLE 53. The legislative
assembly may punish its own members for disorderly behavior.

ARTICLE 54. The legislative
assembly shall keep a journal of its proceedings; and the yeas and nays
of its members, on any question, shall, at the desire of one-fifth of those
present, be entered on the journal

ARTICLE 55. The members
of the legislative assembly shall, in all cases, except treason, felony,
or breach of peace, be privileged from arrest during their attendance at
the sessions of the Legislature, and in going to and returning from the
same; and they shall not be held to answer for any speech or debate made
in the assembly, in any other court or place whatsoever.

ARTICLE 56. The representatives
shall receive for their services a compensation to be ascertained by law,
and paid out of the public treasury, but no increase of compensation shall
take effect during the year in which it shall have been made; and no law
shall be passed increasing the compensation of said representatives beyond
the sum of five hundred dollars each for each biennial term.

ARTICLE 57. The Queen
appoints during life, shall hold their appointments during life, subject
to the provisions of article 53; but their number
shall not exceed twenty-four.

ARTICLE 58. No person
shall be appointed a noble who shall not have attained the age of twenty-one
years and reside in the Kingdom five years.

ARTICLE 59. The nobles
shall be a court with full and sole authority to hear and determine all
impeachments made by the representatives, as the grand inquest of the Kingdom
against any officer of the Kingdom, for misconduct or maladministration
in their offices; but previous to the trial of every impeachment the nobles
shall respectively be sworn truly and impartially to try and determine
the charge in question according to evidence and the law. Their judgment,
however, shall not extend further than to removal from office and disqualification
to hold or enjoy and any place of honor trust or profit, under this Government;
but the party so convicted shall be nevertheless liable to indictment,
trial, judgment, and punishment according to the laws of the land. No minister
shall sit as a noble on the trial of any impeachment.

ARTICLE 60. The representation
of the people shall be based upon the principle of equality, and shall
be regulated and apportioned by the Legislature according to the population
to be ascertained, from time to time, by the official census. The representatives
shall not be less in number than twenty-four nor more than forty-eight,
who shall be elected biennially.

ARTICLE 61. No person
shall be eligible for a representative of the people who is insane or an
idiot, nor unless he be a male subject of the Kingdom who shall have arrived
at the full age of twenty-one years, who shall know how to read and write,
who shall understand three years, the last of which shall be the year immediately
preceding his election; and who shall own real estate, within the Kingdom,
of clear value, over and above all incumbrances, of at least five hundred
dollars, or who shall have an annual income of at least two hundred and
fifty dollars derived from any property or lawful employment.

ARTICLE 62. Every male
subject of the Kingdom who shall have paid his taxes, who shall have attained
the age of twenty years, and shall have been domiciled in the Kingdom for
one year immediately preceding the election, and be possessed of real property
in the Kingdom, to the value over and above all incumbrances of one hundred
and fifty dollars, or a leasehold property on which the rent is twenty-five
dollars per year, or of an income of not less than seventy-five dollars
per year, derived from any property or some lawful employment and shall
know how to read and write, if born since the year 1840 and shall have
caused his name to be entered on the list of voters of his district as
may be provided by the law, shall be entitled to one vote for the representative
or representatives of that district. Provided, however, that no insane
or idiotic person, nor any person who shall have been convicted of any
infamous crimes within this Kingdom, unless he shall have been pardoned
by the Queen, and by the terms of such pardon have been restored to all
rights of a subject, shall be allowed to vote.

ARTICLE 63. The property
qualifications of the representatives of the people, and of the electors,
may be increased or decreased by law.

ARTICLE 64. The judicial
power of the Kingdom shall be vested in on supreme court and in such inferior
courts as the Legislature may, from time to time, establish.

ARTICLE 65. The supreme
court shall consist of a chief justice and not less than two associate
justices, any of whom may hold the court. The justices of the supreme court
shall hold their offices for a term of six years, during good behavior,
subject to removal upon impeachment. Provided, however, that any judge
of the supreme court of any other court of record may be removed from office
on a resolution passed by two-thirds of the legislative assembly, for good
cause shown to the satisfaction of the Queen.
The judge against whom the legislative assembly
may be about to proceed, shall receive due notice thereof, accompanied
by a copy of the causes alleged for his removal, at least ten days before
the day on which the legislative assembly shall act thereon. He shall be
heard before the legislative assembly.

ARTICLE 66. The judicial
power shall be divided among the supreme court and the several inferior
courts of the Kingdom in such manner as the Legislature may from time to
time prescribe, and the tenure of office in the inferior courts of the
Kingdom shall be such as may be defined by the law creating them.

ARTICLE 67. The judicial
power shall extend to all cases in law and equity arising under the constitution
and laws of this Kingdom and treaties made, or which shall be made, under
their authority to all cases affecting public ministers and council and
to all cases of admiralty and maritime jurisdiction.

ARTICLE 68. The chief
justice of the supreme court shall be the chancellor of the Kingdom; he
shall be ex officio president of the nobles in all cases of impeachment,
unless when impeached himself, and exercise such jurisdiction in equity
or other cases as the law may confer upon him, his decisions being subject,
however, to the revision of the supreme court on appeal. Should the chief
justice ever be impeached, some person specially commission by the Queen
shall be president of the court of impeachment during such trial.

ARTICLE 69. The decision
of the supreme court, which made by a majority of all the justices thereof,
shall be final and conclusive upon all parties.

ARTICLE 70. The Queen,
her cabinet, and the legislative assembly, shall have authority to require
the opinions of the justices of the supreme court upon important questions
of law and upon solemn occasions.

ARTICLE 71. The queen
appoints the justices of the supreme court and all other judges of court
of records; their salaries are fixed by law.

ARTICLE 72. No judge or
magistrate can sit alone on an appeal or new trial in any case on which
he may have given a previous judgment.

ARTICLE 73. The Queen
also appoints and commission the governors of the several islands; the
governors hold office for the term of four years, subject to impeachment.

ARTICLE 74. The following
persons shall not be permitted to register for voting, to vote, or to hold
office under any department of the Government, or to sit in the legislative
assembly, namely: Any person who is insane or an idiot, or any person who
shall have been convicted for any of the following named offenses, viz:
Arson, barratry, bribery, burglary, counterfeiting, embezzlement, felonious
branding of cattle, forgery, gross cheat, incest, kidnapping, larceny,
malicious burning, man slaughter in the first degree, murder, perjury,
rape, robbery, sodomy,. treason, subornation of perjury, and malfeasance
in office, unless he shall have been pardoned by the Queen and restored
to his civil rights and by the express term of his pardon declared to be
eligible to office of trust, honor, and profit.

ARTICLE 75. No officer
of this Government shall hold any other office or receive any salary from
any other Government or power whatever.

ARTICLE 76. The Legislature
votes the appropriations biennially, after due consideration of the revenue
and expenditure for the two preceding years and the estimates of the revenue
and expenditures of the two succeeding years, which shall be submitted
to them by the minister of finance.

ARTICLE 77. The enacting
style in making and passing all acts and laws shall be: “Be it enacted
by the Queen and the legislative assembly of the Hawaiian Islands, in the
Legislature of the Kingdom assembled.”

ARTICLE 78. To avoid improper
influences which may result from intermixing in one and the same act such
things as have no proper relations to each other, every law shall embrace
but one object, and that shall be expressed in its title.

ARTICLE 79. All laws now
in force in this Kingdom shall continue and remain in full effect, until
altered or repealed by the Legislature; such parts only excepted as are
repugnant to this constitution. All laws heretofore enacted, or that may
hereafter be enacted, which are contrary to this constitution, shall be
null and void.

ARTICLE 80. This constitution
shall be in force from the _____ day of _____, in the year ____, but that
there may be no failure of justice, or inconvenience to the Kingdom, from
any change all officers of this Kingdom, at the time this constitution
shall take effect, shall have, hold, and exercise all power to them granted,
until other persons shall be appointed in their stead.

ARTICLE 81. Any amendment
or amendments to this constitution may be proposed in the legislative assembly,
and if the same shall be agreed to by a majority of the members thereof,
such proposed amendments shall be entered on its Journal, with the yeas
and nays taken thereon, and referred to next Legislature; which proposed
amendment or amendments shall be published for three months previous to
the next election of Representatives; and if in the next Legislature such
proposed amendment or amendments shall be agreed to by two-thirds of all
the members of the legislative assembly, and be approved by the Queen,
such amendment or amendments shall become part of the constitution of this
country.

We have read the document purporting to be a copy of the constitution
presented to us by Queen Liliuokalani on January 14th last, and we deem
it to be almost identical, except as to Article 62,
which, according to our recollection, did not contain any property qualification

We are yours, respectfully,

SAMUEL PARKER,
A. P. PETERSON,
WM. H. CORNWELL.

HONOLULU, HAWAIIAN ISLANDS,
July
16, 1893

The proposed changes to the Kalakaua constitution were these:

ARTICLE 20. By adding
to exceptions: Members of the privy council, notary public, agents to take
acknowledgments.

ARTICLE 22. By adding
Princess Kawananakoa and Kalanianaole as heirs to the throne.

ARTICLE 46. Changing
the session of the Legislature to the month of April.

ARTICLE 49. That
the Queen shall sign and approve all bills and resolutions, even to those
that are voted when passed over her vote.